Item D20
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 21. 2007
Division: Engineering
Bulk Item: Yes
No
Department:
Staff Contact PersonlPhone: Dave Koppel, P,E. x 4427
AGENDA ITEM WORDING: Rescission of contract between Monroe County and Parsons
Brinckerhoff Construction Services, Inc, for construction engineering and inspection services for Card
Sound Road Bridge repairs that was awarded on December 20, 2006 and approval of new contract that
clarifies hourly rates and contract period,
ITEM BACKGROUND: Parsons Brinckerhoff Construction Services, Inc, was awarded the contract
to provide construction engineering and inspection services for the Card Sound Road Bridge Repair
project. The contract needs to be rescinded and re-issued in order to clarify hourly billing rates of the
consultant and to amend the contract period,
PREVIOUS RELEVANT BOCC ACTION: The project was approved as part of the County's Seven
Year Road Plan, At the December 20, 2006 meeting, the BOCC approved awarding the contract to
Parson's BrinckerhoffConstruction Services at a cost of $385,224.48,
CONTRACT/AGREEMENT CHANGES: Rescission of contract and re-issuance of amended
contract to clarify hourly billing rates and reimbursable expenses and correct contract period from 540
days to 420 days.
STAFF RECOMMENDATIONS: Approval as stated above,
TOTAL COST: $385,224.48
BUDGETED: Yes X No
COST TO COUNTY: $385,224.48
SOURCE OF FUNDS: 401-22505-560630
REVENUE PRODUCING: Yes
No X AMOUNTPERMONTH Year
APPROVED BY: County Atty ~ OMBIPurchasing _ Risk Management _
DOCUMENTA TION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 8/06
OKYv~rY ~o~~~~E
(305) 294-4641
Engineering Division
1100 Simonton St., Room 2-215
Key West, Florida 33040
305-295-4329
Transmittal
To: Dave Koppel
From: Judy Clarke
Date: 2/6/07
February Agenda - Parsons Brinckerhoff
Re: Construction Services, Inc,
Contract Rescission and Re-award
AGENDA ITEM WORDING: Rescission of contract between Monroe County and Parsons
Brinckerhoff Construction Services, Inc. for construction engineering and inspection services
for Card Sound Road Bridge repairs that was awarded on December 20, 2006 and approval
of new contract that clarifies hourly rates and contract period.
ITEM BACKGROUND: Parsons Brinckerhoff Construction Services, Inc. was awarded the
contract to provide construction engineering and inspection services for the Card Sound
Road Bridge Repair project. The contract needs to be rescinded and re-issued in order to
clarify hourly billing rates of the consultant and to amend the contract period.
PREVIOUS RELEVANT BOCC ACTION: The project was approved as part of the
County's Seven Year Road Plan. At the December 20, 2006 meeting, the BOCC approved
awarding the contract to Parson's Brinckerhoff Construction Services at a cost of $385,224.48.
CONTRACT/AGREEMENT CHANGES: Rescission of contract and re-issuance of
amended contract to clarify hourly billing rates and reimbursable expenses and correct
contract period from 540 days to 420 days.
STAFF RECOMMENDATIONS: Approval as stated above.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Parsons Brinckerhoff Contract #_
Effective Date:
Expiration Date:
Contract Purpose/Description:
Contract for Construction Engineering Inspection (CEI) services for Card Sound Road
Bridges rehabilitation.
Contract Manager: David Koppel 4427 Engineering/#1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on February 21, Agenda Deadline: February 6, 2007
2007
CONTRACT COSTS
Total Dollar Value of Contract: $ 385,224.48 Current Year Portion: $ 220,128.27
Budgeted? Yes~ No D Account Codes: 401-22505-560630-_-_
Grant: $ _-_- ___
County Match: $ _-_-_-_-_
- - -
---
ADDITIONAL COSTS
Estimated Ongoing Costs: $----.!yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
Date In Needed
;:"'ltlo~ Y esD No~
;}.-()i)~1 YesD No0'
Date Out
Risk Manag~ent
~..~'
O.M.B./Purch~ing ~-i?~o7 YesD NoD ~ ~
County Attorney :) M'l YesO No/::J-' AnA r ~
..
Comments: ~}() s>tYl i (<.. -\flv 11'\ t'JI -:;. \-tL-\.. me t'1~ 11 -K'\-Ct etA 1{\ . PJfA;..
21
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OMB Form Revised 2/27/01 MCP #2
Card Sound Road Bridges Rehabilitation
Standard Form of Agreement
Between Owner and Construction Engineer and
Inspection Consultant
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the Twenty First day of February in the year of TWO THOUSAND AND SEVEN.
BETWEEN the Owner:
(Name and address)
Monroe County Board of County Commissioners, ("BOCC")
1100 Simonton Street
Key West, Florida 3::3040
And the Consultant;
(Name and address)
Parsons Brinckerhoff Construction Services, Inc.
5405 W. Cypress Street, Suite 203
Tampa, FL. 33607
For the following:
Construction Engineering and Inspection (CEI)
For
Card Sound Road Bridges Rehabilitation,
Monroe County, Florida
Oversight for Owner:
Monroe County Engineer, David S. Koppel, P.E.
Monroe County Engineering Division
1100 Simonton Street
Second Floor-Room 2-216
Key West, Florida 33040
There is no "Construction Manager" or "Architect", any reference to these terms in this document or in any
document pertinent to this project means "Owner". Consultant shall be dealing directly with County through
its County Engineer and Engineering Division or his Designee.
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The County and Consultant agree as set fOlih below.
1.0 PURPOSE:
This scope of services describes and defines the services, which are required for construction
engineering and inspection (CEI), materials sampling and testing, and contract administration for the
construction project listed below.
2.0 SCOPE:
The Consultant shall be responsible for providing services as defined in this Scope of Services, the
referenced Department manuals and procedures.
Services are required for the following project:
CARD SOUND ROAD BRIDGES Rehabilitation Project
Description; Bridge rehabilitation on five (5) bridges located on Card Sound Road, Monroe
County, Florida.
The Consultant shall exercise their independent professional judgment in performing their obligations
and responsibilities under this Agreement. Pursuant to Section 4.1.4 of the Florida Department of
Transportation's, Construction Project Administration Manual (CPAM), the authority of the
Consultant's lead person, such as the Senior Project Engineer, shall be identical to the Department's
Resident Engineer and shall be interpreted as such.
Services provided by the Consultant shall comply with Department manuals, procedures, and
memorandums in effect as of the date of execution of the Agreement unless otherwise directed in
writing by the County.
On a single Construction Contract, it is a conflict of interest for a professional firm to receive
compensation from both the County and the Contractor either directly or indirectly.
3.0 LENGTH OF SERVICE:
The Consultant services for the Construction Contract shall begin upon the date specified by written
notification to proceed by County. The contract term is for a period of Four Hundred Twenty (420)
days from the date specified in the notice to proceed to the Consultant.
The Consultant Senior Project Engineer will track the execution of the Construction Contract such
that the Consultant is given timely authorization to begin work. While no personnel shall be assigned
until written notification by the County has been issued, the Consultant shall be ready to assign
personnel within two weeks of receipt of notification. For the duration of the project, the Consultant
shall coordinate closely with the County and Contractor to minimize rescheduling of Consultant
activities due to construction delays or changes in scheduling of Contractor activities. For estimating
purposes, the Consultant will be allowed an accumulation of thirty (30) calendar days to perform
preliminary administrative services prior to the issuance of the Contractor's notice to proceed and
thirty (30) calendar days to demobilize after final acceptance of the Construction Contract.
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4.0 DEFINITIONS:
A. Construction Proiect Manager: The County employee assigned to manage the Construction
Engineering and Inspection Contract and represent the County during the performance of the services
covered under this Agreement.
B. Engineer of Record: The Engineer noted on the Construction plans as the responsible person
for the design and preparation of the plans.
C. Consultant: The Consulting fIrm under contract to the County for administration of
Construction Engineering and Inspection services.
D. Agreement: The Professional Services Agreement between the County and the Consultant
setting forth the obligations of the parties thereto, including but not limited to the
performance of the work, furnishing of services, and the basis of payment.
E. Consultant Senior Proiect Engineer: The Engineer assigned by the Consultant to be in
charge of providing Construction Contract administration for one or more Construction-
Projects. This person may supervise other Consultant employees and act as the lead Engineer
for the Consultant.
F. Contractor: The individual, fIrm, or company contracting with the County for performance of
work or furnishing of materials.
G. Construction Contract: The written agreement between the County and the Contractor setting
forth the obligations of the parties thereto, including but not limited to the performance of the
work, furnishing of labor and materials, and the basis of payment.
H. CPAM: Florida Department of Transportation, Construction Project Administration manual;
latest.
1. Department: Florida Department of Transportation
J. F.D.O.T.: Florida Department of Transportation.
K. County: Monroe County Board of County Commissioners.
L. Owner: Monroe County
5.0 ITEMS TO BE FURNISHED BY THE COUNTY TO CONSULTANT:
A. The County, on as needed basis, will furnish the following Construction Contract documents
for each project. These documents may be provided in either paper or electronic format.
1. Construction Plans
2. Special Provisions such as project manual addenda
3. Copy of the Executed Construction Contract.
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6.0 ITEMS FURNISHED BY THE CONSULTANT:
6.1 Countv Documents:
All applicable documents referenced herein shall be a condition of this Agreement.
6.2 Office Automation:
The Consultant shall provide and have available for their use a computer, modem, printer,
and appropriate software.
All computer equipment shall havelbe at a minimum a Pentium 1 GB, PCI Bus, 256MB,
512kb cache, 20GB hard drive, 1.44 Floppy drive, 16MB video ram, mouse, 16/40x
CD/DVD Drive, 10/100/1 000 Ethernet NIC, 17" monitor with .28 pitch, and keyboard. The
consultant shall provide a flatbed color scanner.
The Consultant will also be required to obtain monthly Internet access and maintain an e-
mail address for the project.
The Consultant shall use Microsoft Word 2003, Microsoft Excel 2003, and Adobe Acrobat
7.0 or latest version available software.
The Consultant will furnish computer services/software needed for project scheduling,
documentation, and control (Primavera/Suretrak, Claim Digger, etc.). All computer coding
shall be input by Consultant personnel using equipment furnished by them.
Ownership and possession of computer equipment and related software, which is provided
by the Consultant, shall remain at all times with the Consultant. The Consultant shall retain
responsibility for risk of loss or damage to said equipment during performance of this
Agreement. Field office equipment should be maintained and operational at all times.
6.3 Field Office:
Shall be provided for the Consultant's use.
6.4 Vehicles:
Vehicles will be equipped with appropriate safety equipment and must be able to effectively
carry out requirements of this Agreement. Vehicles shall have the name and phone number
of the consulting firm visibly displayed on both sides of the vehicle.
6.5 Field Equipment:
The Consultant shall supply survey, inspection and testing equipment, essential in order to
carry out the work under this Agreement. Such equipment includes those non-consumable
and non-expendable items, which are normally needed for a CEI project and are essential in
order to carry out the work under this Agreement.
Hard hats shall have the name of the consulting finn visibly displayed.
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Equipment described herein and expendable materials under this Agreement will remain the
property of the Consultant and shall be removed at completion of the work.
The Consultant shall retain responsibility for risk of loss or damage to said equipment
during performance of this Agreement. Field office equipment shall be maintained and in
operational condition at all tinles.
6.6 Licensin2 for Equipment Operations:
The Consultant will be responsible for obtaining proper licenses for equipment and
personnel operating equipment when licenses are required. The Consultant shall make the
license and supporting documents available to the County, for verification, upon request.
7.0 LIAISON:
The Consultant shall keep the Construction Project Manager informed of all significant activities,
decisions, correspondence, reports, and other communications related to its responsibilities under this
agreement, and seek input from the Construction Project Manager in order for the Construction
Project Manager to oversee the Consultant's performance. Agreement administrative duties relating t~
Invoice Approval Requests, Personnel Approval Requests, User ID Requests, Time Extension
Requests, and Amendment and Supplemental Amendment Requests shall be reviewed and approved
by the Construction Project Manager.
8.0 PERFORMANCE OF THE CONSULTANT:
During the term of this Agreement and all supplements thereof, the County will review various phases
of Consultant operations, such as construction inspection, materials sampling and testing, and
administrative activities, to detennine compliance with this Agreement. The Consultant shall
cooperate and assist County representatives in conducting the reviews. If deficiencies are indicated,
the Consultant shall implement remedial action immediately upon the approval of the Construction
Project Manager. County recommendations and Consultant responses/actions are to be properly
documented by the Senior Project Engineer. No additional compensation shall be allowed for
remedial action taken by the Consultant to correct deficiencies. Remedial actions and required
response times may include but are not necessarily limited to the following:
A. Further subdivide assigned inspection responsibilities, reassign inspection personnel, or
assign additional inspection personnel, within one week of notification.
B. Replace personnel whose performance has been detennined by the County to be inadequate.
Personnel whose performance has been determined to be unsatisfactory shall be removed
immediately.
C. Immediately increase the frequency of monitoring and inspection activities in phases of work
that are the Consultant's responsibility.
D. Increase the scope and frequency of training of the Consultant personnel.
9.0 REQUIREMENTS:
9.1 General:
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It shall be the responsibility of the Consultant to administer and monitor the Construction
Contract and Project, and inspect the Construction Project such that the project is constructed
in reasonable conformity with the plans, specifications, and special provisions of the
Construction Contract.
The Consultant shall observe the Contractor's work to determine the progress and quality of
work, identify discrepancies, report significant discrepancies to the County, and instruct the
Contractor to correct such observed discrepancies.
The Consultant is hereby designated by the County to negotiate Supplemental Agreements.
However, the Consultant must seek input from the Construction Project Manager. The
Consultant shall prepare the Supplemental Agreement as a recommendation to the County,
which the County may accept, modify or reject upon review. The Consultant shall consult
with the Construction Project Manager, as it deems necessary and shall direct all issues which
exceed its delegated authority to the Construction Project Manager for County action or
direction.
The Consultant shall advise the Construction Project Manager of any significant omissions,
substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective
action that has been instructed to be performed by the Contractor. Work provided by the
Consultant shall not relieve the Contractor of responsibility for the satisfactory performance
of the Construction Contract.
9.2 Survev Control:
The Consultant shall check or establish the survey control baseline(s) along with sufficient
baseline control points and bench marks at appropriate intervals along the project in order to:
(1) make and record such measurements as are necessary to calculate and document
quantities for pay items; (2) make and record pre-construction and final cross section surveys
of the project site in those areas where earthwork (i.e., embankment, excavation, subsoil
excavation, etc.) is part of the construction project; and (3) perform incidental engineering
surveys. The Senior Project Engineer will establish the specific survey requirements for the
project prior to construction.
Any questions or requests for "Waiver of Survey" should be directed to the Senior Project
Engineer.
9.3 On-site Inspection:
The Consultant shall monitor the Contractor's on-site construction actIVItIes and inspect
materials entering into the work in accordance with the plans, specifications, and special
provisions for the Construction Contract to determine that the project is constructed in
reasonable conformity with such documents. The County will monitor all off-site activities
and fabrication. The Consultant shall keep detailed accurate records of the Contractor's daily
operations and of significant events that affect the work.
Consultant shall be responsible for monitoring and inspection of Contractor's Work Zone
traffic control plan and review of modifications to the Work Zone Traffic Control Plan,
including alternate Work Zone Traffic Control Plan, in accordance with F.D.O.T. procedures.
Consultant employees performing such services shall be qualified in accordance with
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F.D.O.T. department procedure.
9.4 SampIine and Testine:
The Consultant shall perform sampling and testing of component materials and completed
work in accordance with the Construction Contract documents. The minimum sampling
frequencies set out in the Department's Materials Sampling, Testing and Reporting Guide
shall be met. In complying with the aforementioned guide, the Consultant shall provide daily
surveillance of the Contractor's Quality Control activities at the project site and perform the
sampling and testing of materials and completed work items that are nOlmally done in the
vicinity of the project for verification and acceptance.
The Consultant shall be specifically responsible for job control samples determining the
acceptability of all materials and completed work items on the basis of either test results or
verification of a certification, certified mill analysis, DOT label, DOT stamp, etc.
The County will monitor the effectiveness of the Consultant's testing procedures through
surveillance and obtaining and testing independent assurance samples.
Sampling, testing and laboratory methods shall be as required by the Department's Standar.d
Specifications, Supplemental Specifications or as modified by the special provisions of the
Construction Contract.
Documentation reports on sampling and testing shall be submitted to responsible parties
during the same week that the construction work is done.
9.5 Eneineerine Services:
The Consultant shall coordinate the Construction Contract administration activities with the
Owner and Contractor.
Services include maintaining the required level of surveillance of Contractor activities,
interpreting plans, specifications, and special provisions for the Construction Contract,
maintaining complete, accurate records of aU activities and events relating to the project, and
properly documenting all significant project changes. The Consultant shall perform the
following services:
(1) Schedule and attend, within ten (10) days after the Notice to Proceed, a pre-
service conference for the project in accordance with County procedure. The
Consultant shall provide appropriate staff to attend and participate in the pre-service
meeting.
The Consultant shall record a complete and concise record of the proceedings of the
pre-service meeting and distribute copies of this summary to the participants and
other interested parties within seven (7) days. The Consultant shall submit Action
Request packages for Personnel Approval for immediate staff needs and a
copy/computer file of the final negotiated staffing to the Construction Project
Manager, either at this meeting or within seven (7) days.
(2) Schedule and attend, within ten (10) days after the Notice to Proceed, a Final
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Estimate infonnational meeting with the County Engineering Staff. The Consultant
shall provide appropriate staff to attend and participate in this meeting.
(3) Verify that the Contractor is conducting inspections, preparing reports and monitoring
all storm water pollution prevention measures associated with the project.
(4) Analyze problems that arise on a project and proposals submitted by the Contractor,
endeavor to resolve such issues, and process the necessary paperwork.
(5) Produce reports, verify quantity calculations, field measure for payment purposes as
needed to prevent delays in Contractor operations and ensure prompt processing of
such information in order for the County to make timely payment to the Contractor.
(6) Prepare and make presentation before any dispute review boards, including the Board
of County Conmussioners, in connection with the project covered by this Agreement.
(7) Provide Public Information services as required to manage inquiries from the public,
public officials, and the news media. Prepare newsletters for distribution to adjacent
property owners. The County Construction Project Manager shall approve all notices,
brochures, responses to news media, etc., prior to release.
(8) Prepare and submit to the Construction Project Manager monthly, a Construction
Status Reporting System (CSRS) report, in a format acceptable to County.
(9) Schedule and conduct a meeting with the County Engineering Office at least 45
calendar days prior to proj ect final acceptance. The purpose of this meeting is to
discuss the required documentation, including as-builts, necessary to close out the
pennit(s).
(10) Video tape the pre-construction conditions throughout the project limits. Provide a
digital photo log or video of project activities, with heavy emphasis on potential claim
items/issues and on areas of real/potential public controversy.
(11) The Consultant shall have a digital camera for photographic documentation of
noteworthy incidents or events to cover the following areas:
(a). Pre-construction photographs
(b). Normal and exceptional progress of work
(c). Critical path activities
(d). Accidents showing damage
(e). Unsafe working conditions
(f). Unusual construction techniques
(g). Damaged equipment or materials
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(h). Any activity, which may result in claims
These photographs will be filed and maintained on the Consultant's computer using
the LYNX Digital Photo Management system or equivalent. Copies of photographs
will be electronically transferred to the County at an interval detenl1ined by the
Senior Project Engineer and the Construction Project Manager.
The taking of the photographs shall begin the day prior to the start of construction and
continue regularly throughout this project. Photographs shall be taken the days of
Conditional, Partial and/or Final Acceptance.
10.0 PERSONNEL
10.1 General Requirements:
The Consultant shall staff the project with the qualified personnel necessary to efficiently and
effectively carry out its responsibilities under this Agreement.
Unless otherwise agreed by the County, the County will not compensate straight overtime or
premium overtime for the positions of Senior Project Engineer.
10.2 Personnel Qualifications:
The Consultant shall utilize only competent personnel, qualified by experience, and
education. The Consultant shall submit in writing to the Construction Project Manager the
names of personnel proposed for assignment to the project, including a detailed resume for
each containing at a minimum salary, education, and experience. The Consultant Action
Request form for personnel approval shall be submitted to the Construction Project Manager
at least two weeks prior to the date an individual is to report to work.
Personnel identified in the Consultant teclmical proposal are to be assigned as proposed and
are committed to perfonning services under this Agreement. Personnel changes will require
written approval from County. Previously approved staff, whose performance is
unsatisfactory, shall be replaced by the Consultant within one week of County notification.
Before the project begins, all project staff shall have a working knowledge of the current
CP AM and must possess all the necessary qualifications/certifications for obtaining the duties
of the position they hold. Cross training of the Consultant's project staff is highly
recommended to ensure a knowledgeable and versatile project inspection team but shall not
be at any additional cost to the County and should occur as workload permits. Visit the
training page on the State Construction Office website for training dates.
Minimum qualifications for the Consultant personnel are set forth as follows. Exceptions to
these minimum qualifications will be considered on an individual basis. The County Engineer
or designee will have the final approval authority.
CEI SENIOR PROJECT ENGINEER - A Civil Engineer degree and be registered in the
State of Florida as a Professional Engineer (or if registered in another state, the ability to
obtain registration in the State of FLorida within six months) and six (6) years of engineering
experience [(two (2) years of which are in major road and bridge construction)], or for non-
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degreed personnel the aforementioned registration and ten (10) years of engineering
experience (two (2) years of which are in major road or bridge construction). Qualifications
include the ability to communicate effectively in English (verbally and in writing); to direct
highly complex and specialized construction engineering administration and inspection
program; plans and organizes the work of subordinate and staff members; develops and/or
reviews policies, methods, practices, and procedures; and reviews programs for conformance
with County standards. Also must have the following:
Qualification:
FDOT Advanced MOT
Pass the CTQP examination covering the training video "Grouting of Bridge Post-tensioning
Tendons" (If applicable)
Attend the CTQP Quality Control Manager course and pass the examination.
Certifications: None
A Master's Degree in Engineering may be substituted for one (1) year engineering experience.
eEl SENIOR INSPECTOR! eEl SENIOR ENGINEER INTERN - High school graduate
or equivalent plus four (4) years of experience in construction inspection, two (2) years of
which shall have been in bridge and/or roadway construction inspection.
Must have the following:
Qualifications:
ClQP Concrete Field Inspector Level I
ClQP Concrete Transportation Construction Inspector (CTCI) Level n (allbridges) CTQP
Asphalt Roadway Level I (If applicable)
ClQP Asphalt Roadway Level II (If applicable)
ClQP Earthwork Construction Inspection Level I
ClQP Earthwork Construction Inspection Level n
CTQP Pile Driving Inspection (If applicable) ClQP Drilled Shaft Inspection (If applicable)
CTQP Grouting Technician Level I (If applicable)
CTQP Post-Tensioning Technician Level I (If applicable)
FDOT Intermediate MOT
ClQP Final Estimates Level I
Certifications:
Nuclear Radiation Safety
Or a Civil Engineering degree and one (1) year of road & bridge CEI experience with the
ability to earn additional required qualifications within one year. (Note: Senior Engineer
Intern classification requires one (1) year experience as an Engineer Intern.)
Responsible for performing highly complex technical assignments in field surveying and
construction layout, making, and checking engineering computations, inspecting construction
work, and conducting field tests and is responsible for coordinating and managing the lower
level inspectors. Work is performed under the general supervision of the Project
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Administrator.
CEI INSPECTOR! CEI ENGINEER INTERN - High school graduate or equivalent plus
two (2) years experience in construction inspection, one (1) year of which shall have been in
bridge and/or roadway construction inspection, plus the following:
Oualifications: CTQP Concrete Field Inspector Level I CTQP Asphalt Roadway Levell (If
applicable) CTQP Earthwork Construction Inspection Level I CTQP Pile Driving Inspection
(If applicable) CTQP Drilled Shaft Inspection (If applicable) CTQP Final Estimates Level I
Certifications:
Nuclear Radiation Safety
Or a Civil Engineering degree with the ability to earn additional required qualifications within
one year. (Note: Engineer Intern classification requires E.1.T. certificate.)
Responsible for performing assignments in assisting Senior Inspector in the performance of
his duties. Receive general supervision from the Senior Inspector who reviews work while in
progress. Civil Engineering graduates must obtain certifications within the first year of
working as an inspector or Engineer Intern. Exceptions will be permitted on a case-by-case
basis so long as qualifications and certifications are appropriate for specific inspection duties.
10.3 Staffing;:
Once authorized, the Consultant shall establish and maintain an appropriate staff through the
duration of construction and completion of the project and this contract. Responsible
personnel, thoroughly familiar with all aspects of construction and final measurements of the
various pay items, shall be available to resolve disputed final pay quantities until the
appropriate Construction Contract has been paid off.
Construction engineering and inspection forces will be required of the Consultant at all times
while the Contractor is working. If Contractor operations are substantially reduced or
suspended, the Consultant will reduce its staff appropriately.
In the event that the suspension of Contractor operations requires the removal of Consultant
forces from the project, the Consultant will be allowed ten (10) days maximum to demobilize,
relocate, or terminate such forces.
11.0 QUALITY ASSURANCE (OA) PROGRAM:
11.1 Quality Reviews:
The Consultant shall conduct semi-annual reviews to make certain his own organization is in
compliance with the requirements cited in the Scope of Services. Quality Reviews shall be
conducted to evaluate the adequacy of materials, processes, documentation, procedures,
training, guidance, and staffing included in the execution of this Agreement. Quality Reviews
shall also be developed and performed to achieve compliance with specific QA provisions
contained in tl1is Agreement. The semi-aruma 1 reviews shall be submitted to the Construction
Project Manager in written form no later than one (1) month after the review. On short
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duration CCEI projects (nine (9) months or less), the CCEI shall perfonn an initial QA review
within the first two (2) months of the start of construction.
11.2 OA Plan:
Within thirty (30) days after receiving award of an Agreement, the Consultant shall furnish a
QA Plan to the Construction Project Manager. The QA Plan shall detail the procedures,
evaluation criteria, and instructions of the Consultant's organization to assure conformance
with the Agreement. Unless specifically waived, no payment shall be made until the County
approves the Consultant QA Plan. Significant changes to the work requirements may require
the Consultant to revise the QA Plan. It shall be the responsibility of the Consultant to keep
the plan current with the work requirements. The Plan shall include, but not be limited to, the
following areas:
A. On!anization:
A description is required of the Consultant QA Organization and its functional
relationship to the part of the organization performing the work under the Agreement.
The authority, responsibilities and autonomy of the QA organization shall be detailed
as well as the names and qualifications of personnel in the quality control
organization.
B. Oualitv Reviews:
The Consultant QA shall detail the methods used to monitor and achieve organization
compliance with Agreement requirements for services and products,
C. Oualitv Records:
The Consultant will outline the types of records, which wiU be generated and
maintained during the execution of his QA program.
D. Control of Sub-consultants and Vendors:
The Consultant will detail the methods used to control sub-consultants and vendor
quality.
E. Oualitv Assurance Certification:
An officer of the Consultant firm shall certify that the inspection and documentation
were done in accordance with FDOT specifications, plans, standard indexes, and
County procedures.
11.3 Oualitv Records:
The Consultant shall maintain adequate records of the quality assurance actions performed by
its organization (including subcontractors and vendors) in providing services and products
under this Agreement. All records shall indicate the nature and number of observations made,
the number and type of deficiencies found, and the corrective actions taken. These records
shall be available to the County, upon request, during the Agreement term. All records shall
be kept at the primary job site and shall be subject to audit review.
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12.0 CERTIFICATION OF FINAL ESTIMATES:
12.1 Final Estimate and As-Built Plans Submittal:
Prepare documentation and records in compliance with the Agreement; Consultant's approved
QC Plan and the County's Procedures.
Submit the Final Estimate(s) and three (3) sets of fmal as built plans documenting
Contractor's work (one record set with two copies) as follows:
(a) Within thirty (30) calendar days of final acceptance by County; or
(b) Where all items of work are complete and conditional/partial acceptance is
utilized (Lighting, Plant establishment, etc.) for a period exceeding thirty (30)
calendar days, the final estimate(s) will be due on the thirtieth (30th) day
after conditional/partial acceptance by County. A memorandum with
documentation will be transmitted to the County Engineer at final acceptance
detailing any necessary revisions to the pay items covered under the.
conditional/partial acceptance.
The Consultant shall be responsible for making any revisions to the Certified Final Estimate.
12.2 Certification:
Consultant personnel preparing the Certified Final Estimate Package shall be CTQP Final
Estimates Level II qualified.
Duly authorized representative of the Consultant firm will provide a notarized certification on
a form pursuant to Department procedures.
13.0 SUBCONSUL T ANT SERVICES:
Upon written approval by the Construction Project Manager and the County, and prior to performance
of work, the Consultant may subcontract for engineering surveys, materials testing, or specialized
professional services.
14.0 OTHER SERVICES:
Upon written authorization by the County Engineer or designee, the Consultant will perform
additional services in connection with the proj ect not otherwise identified in this Agreement. The
following items are not included as part of this Agreement, but may be required by the County to
supplement the Consultant services under this Agreement.
A. Assist in preparing for arbitration hearings or litigation that occurs during the Agreement time
in connection with the construction project covered by this Agreement.
B. Provide qualified engineering witnesses and exhibits for any litigation or hearings in
connection with the Agreement.
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C. Provide 011- and off-site inspection servlces m addition to those provided for m this
Agreement.
15.0 POST CONSTRUCTION CLAIMS REVIEW:
In the event the Contractor submits a claim for additional compensation and/or time after the
Consultant has completed this Agreement, the Consultant shall, at the written request from the
County, analyze the claim, engage in negotiations leading to settlement of the claim, and prepare and
process the required documentation to close out the claim. Compensation for such services will be
negotiated and effected through a Supplement to this Agreement.
16.0 CONTRADICTIONS:
In the event of a contradiction between the provisions of this Scope of Services and the Consultant's
proposal as made a part of their Agreement, the provisions of the Scope of Services shall apply.
17.0 TIDRD PARTY BENEFICIARY:
It is specifically agreed between the parties executing this Agreement that it is not intended by any of
the provisions of any part of the Agreement to create in the public or any member thereof, a third
party beneficiary hereunder, or to authorize anyone not a party to this Agreement to maintain a claim,
cause of action, lien or any other damages or any relief of any kind pursuant to the terms or provisions
of this Agreement.
18.0 COUNTY AUTHORITY:
The County shall be the final authority in considering contract modification of the Contractor for
time, money or any other consideration except matters agreed to by the Contractor through contract
changes negotiated by the Consultant, as authorized in Section 9.1 herein.
19.0 THE CONTRACT AND CONTRACT DOCUMENTS:
The contract between the County and the Consultant, of which this agreement is a part, consists of the
contract documents.
20.0 THE CONTRACT DOCUMENTS:
The contract documents consist of this contract and exhibits, the Request for Qualifications,
Consultant's response, Scope of Work and any addenda, and any other amendments hereto executed
by the parties after the execution ofthis Agreement.
21.0 ENTIRE AGREEMENT:
This contract constitutes the entire and exclusive agreement between the County and the Consultant
with reference to Construction Engineering and Inspection Services. Specifically, but without
limitation, this contract supersedes any bid documents not mentioned and all prior written or oral
conununications, representations and negotiations, if any, between the County and the Consultant.
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22.0 NO PRIVITY WITH OTHERS:
Nothing contained in this contract shall create, or be interpreted to create, privity or any other
contractual agreement between the owner and any person or entity other than the Consultant.
23.0 INTENT AND INTERPRETATION:
This contract is intended to be an integral whole and shall be interpreted as internally consistent.
What is required by anyone contract document shall be considered as required by the contract.
(a) This words "includes," or "including," as used in this contract, shall be deemed to be followed by the
phrase, "without limitation."
(b) The specification herein of any act, failure, refusal, omission, event, occurrence or condition as
constituting a material breach of this contract shall not imply that any other, nonspecific act, failure,
refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach
of this contract.
(c) The words or terms used as nouns in this contract shall be inclusive of their singular and plural forms,
unless the context of their usage clearly requires a contrary meaning.
24.0 TIME:
The contract time is for Four Hundred and Twenty (420) days from the date specified in the notice to
proceed to Consultant.
25.0 THE CONTRACT PRICE AND SCOPE OF SERVICES:
The County shall pay, and the Consultant shall accept an amount not to exceed Three Hundred
Eighty-five Thousand Two Hundred Twenty-four and 48/100 Dollars ($385,224.48) as full and
complete payment for all work required by the County. This amount includes work by any
subconsuItant. These amounts shall not be modified except in writing and executed pursuant to BOCC
approval.
The County shall pay the Consultant in current funds for the Consultant's performance and the
subconsultant's performance of this Agreement based on time and expense basis at rates negotiated
and agreed upon and shown in Attachment A.
The Consultant is not entitled to receive, and the County is not obligated to pay, any fees or expenses
in excess of the amount of Three Hundred and Eighty Five Thousand, Two Hundred and Twenty
Four Dollars and forty eight cents ($385,224.48) for this contract. Consultant's and subconsultant's
reimbursable expenses are included in this amount and shall not exceed Sixty Four Thousand, Nine
Hundred and Ninety Eight Dollars and eighty seven cents ($64,998.87). The stated amount may
only be modified by an affIrmative act of the County's Board of County Commissioners.
The Consultant shall receive reimbursable expenses incurred by the Consultant in the interest of the
project, based on expense of transportation submitted by the Consultant, in writing, and living
expenses in connection with travel authorized by the County, in writing, but only to the extent and in
the amounts authorized by Section 112.061, Florida Statutes or as authorized by the Monroe County
Code, whichever is greater. Other reimbursable items are listed in Attachment A.
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The Consultant shall be responsible for providing services as defmed in the Scope of Services, the
referenced Department manuals and procedures. The Consultant's staff shall exercise their
independent professional judgment in performing their obligations and responsibilities under this
Agreement. Pursuant to Section 4.1.4 of the Florida Department of Transportation's, Construction
Project Administration Manual (CPAM), the authority of the Consultant's lead person, such as the
Senior Project Engineer, and the Consultant's Project Administrator shall be identical to the
Department's resident Engineer and Project Administrator respectively and shall be interpreted as
such.
Services provided by the Consultant shall comply with Department manuals, procedures, and
memoranda in effect as of the date of execution of the Agreement unless othelWise directed in writing
by the County.
On a single Construction Contract, it is a conflict of interest for a professional firm to receive
compensation from both the County and the Contractor either directly or indirectly.
26.0 PAYMENT PROCEDURE:
The County shall pay the Consultant pursuant to the Local Government Prompt Payment Act
following receipt of invoice. Invoice shall be submitted to Monroe County at the end of each month
according to the procedures required by Monroe County. Invoices for personnel shall have the detail
required to indicate the person doing the work, work performed, time and hourly rate per Attadunent
A. The premium overtime rate listed for Consultant's persOlU1el is in addition to the normal hourly
rate.
Reimbursable expenses shall be for those items incurred by Consultant and its sub-consultants
indicated on Attachment A, as necessary for the performance of the work. Expenses shall be
reimbursed on an actual cost basis with no mark up by the Consultant. Consultant shall provide
documentation of expenses satisfactory to the Owner.
27.0 GOVERNING LAW:
This contract is governed by the laws of the State of Florida. Venue for all claims or disputes shall be
in Monroe County, Florida. Mediation shall be conducted in accordance with the rules for the
Sixteenth Judicial Circuit, Monroe County, Florida. This Contract shall not be subject to Arbitration.
28.0 SUCCESSORS AND ASSIGNS:
The County and Consultant bind themselves, their successors, assigns and legal representatives to the
other party hereto and to successors, assigns and legal representatives of such other party in respect to
covenants, agreement and obligations contained in this contract. The Consultant shall not assign this
contract without written consent of the County.
29.0 PUBLIC ENTITY CRIME STATEMENT:
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public
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building or public work, may not submit bids on leases of real property to public entity, may not be
awarded or perform work as a vendor, supplier, sub vendor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of36 months
from the date of being placed on the convicted vendor list. By signing below the Consultant states that
he/she complies with this paragraph.
30.0 TRENCH SAFETY:
If applicable to the project, the Consultant shall comply with all relevant provisions of the Trench
Safety Act (Sees. 553.60-553.64, Fla. Stat.).
31.0 CONTINGENCY:
Monroe County's performance and obligation to pay under this contract is contingent upon an arumal
appropriation by the Board of County Commissioners.
32.0 HOLD HARMLESS:
The Consultant covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners, its officers, agents, and employees from any and all claims for bodily injury
(including death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of services provided by the Consultant or any of its Subcontractor(s) in
any tier, to the extent occasioned by the negligence, errors, or other wrongful act or omission of the
Consultant or its Subcontractors in any tier, their employees, or agents.
In the event that the service is delayed or suspended as a result of the Consultant's failure to purchase
or maintain the required insurance, the Consultant shall indemnify the County from any and all
increased expenses or lost revenue resulting from such delay. The first ten dollars ($10.00) of
remuneration paid to the Consultant is for the indenmification provided for above. The extent of
liability is in no way limited to, reduced, or lessened by the insurance requirements contained
elsewhere within this agreement. The provisions of this section shall survive the expiration or earlier
termination of this agreement.
33.0 INDEPENDENT CONTRACTOR:
At all times and for all purposes under this agreement the Consultant is an independent contractor and
not an employee of the Board of County Commissioners for Monroe County. No statement contained
in this agreement shall be construed so as to find the Consultant or any of his/her employees,
contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe
County.
34.0 ASSURANCE AGAINST DISCRIMINATION:
The Consultant shall not discriminate against any person on the basis of race, creed, color, national
origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring,
promoting, terminating, or any other area affecting employment under this agreement or with the
provision of services or goods under this agreement.
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